Statutory Instrument 1998 No. 821

The Bay Community National Health Service Trust (Establishment) Order 1998

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© Crown Copyright 1998

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"community health services" means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act[4];

"the trust" means the Bay Community National Health Service Trust established by article 2 of this Order.

Establishment and name of the trust
     2. There is hereby established an NHS trust which shall be called the Bay Community National Health Service Trust.

Functions of the trust
     3. The trust's functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Authorities) shall be - 

(a) to own and manage pursuant to section 5(1)(a) of the Act hospitals, establishments and facilities in the area of Morecambe Bay Health Authority which were previously managed or provided by one or more Health Authorities, and there to provide and manage community health services; and

(b) to provide and manage pursuant to section 5(1)(b) of the Act all or any of the following sites - 


(i) Blackhall Unit, Westmorland General Hospital, Burton Road, Kendal, Cumbria LA9 7RG,

(ii) Altham Meadow, Off Altham Road, Westgate, Morecambe, Lancashire,

(iii) Heysham Moss, Off Middleton Road, Heysham, Lancashire,

(iv) Pointer Court, Off Ashton Road, Lancaster, Lancashire,

(v) Royal Albert Farm, Off Ashton Road, Lancaster, Lancashire,



and other hospitals, establishments or facilities in the area of Morecambe Bay Health Authority, and there to provide and manage community health services.

Directors of the trust
     4. The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.

Operational date and accounting date of the trust
     5.  - (1) The operational date of the trust[5] shall be 1st April 1998.

    (2) The accounting date of the trust shall be 31st March.

Restriction on disposal of assets
     6. The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.



Signed by authority of the Secretary of State for Health


Alan Milburn
Minister of State Department of Health

18th March 1998

[2] Section 5 was amended by paragraph 69 of Schedule 1 to the Health Authorities Act 1995 (c.17); see S.I. 1996/653.back

[3] See section 5(6) of the 1990 Act.back

[4] 1977 c.49; section 5 was amended by and section 5(1A) inserted by the Health and Medicines Act 1988 (c.49) section 10(1); Schedule 1 was amended by the Education Act 1980 (c.20), Schedule 1, and the Health and Medicines Act 1988 (c.49), Schedule 2, paragraph 7.back

[5] See, for the definition of "operational date", paragraph 3(1)(e) of Schedule 2 to the 1990 Act.back

[6] S.I. 1998/815.back

[7] S.I. 1998/819.back